how much does it cost to get a patent in the united states [New Research]



Last updated : Sept 23, 2022
Written by : Carolina Adi
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how much does it cost to get a patent in the united states

What is the cheapest way to get a patent?

  1. Do-It-Yourself (Draft it and File it Yourself)
  2. Cost of Filing It Yourself.
  3. Still To Expensive?
  4. Cost of Filing It Yourself.
  5. Fiverr & Other Low Cost Options.
  6. If Budgets Allow - The Better Option Is to Use an Attorney.
  7. The Cost of An Attorney.

How much does a patent cost in the USA?

Need Help? A patent attorney will usually charge between $8,000 and $10,000 for a patent application, but the cost can be higher. In most cases, you should budget between $15,000 and $20,000 to complete the patenting process for your invention.

How expensive is it to patent a product?

A patent can cost from $900 for a do-it-yourself application to between $5,000 and $10,000+ with the help of patent lawyers. A patent protects an invention and the cost of the process to get the patent will depend on the type of patent (provisional, non-provisional, or utility) and the complexity of the invention.

How do you patent a poor man?

The theory behind the “poor man's patent” is that, by describing your invention in writing and mailing that documentation to yourself in a sealed envelope via certified mail (or other proof-of-delivery mail), the sealed envelope and its contents could be used against others to establish the date that the invention was ...

Does a poor man's patent hold up in court?

Even under the old system, i.e., the “first to invent” system, a “poor man's patent” standing alone, i.e, without a patent application, was worthless. You cannot access the court system and ask a judge or a jury to enforce a right that the U.S. Government does not even recognize as a right.

What are the 3 types of patents?

What kind of patent do you need? There are three types of patents - Utility, Design, and Plant. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.

How do I patent my idea?

  1. Step 1 – Verify the Idea is Eligible For a Patent.
  2. Step 2 – Keep a Detailed Record of Everything.
  3. Step 3 – Make a Prototype.
  4. Step 4 – Apply For a Provisional Patent.
  5. Step 5 – Hire a Patent Attorney.
  6. Step 6 – File Your Patent Application.

Why are patents so expensive?

Because patents are valuable to have and expensive to infringe there will always be those who seek to get around your rights. The job of the patent attorney is to make sure that doesn't happen to the greatest extent possible. That requires a lot of time and energy, which translates into money.

How long is a patent good for?

Patent protection is granted for a limited period, generally 20 years from the filing date of the application. Is a patent valid in every country? Patents are territorial rights.

How long does it take for a patent to be approved?

In the United States, it takes an average of 24 months from the filing of a patent application to get a patent.

Is it difficult to get a patent?

Since patents are legal articles, they can be somewhat difficult to obtain. Patent applications vary from country to country, depending on what you're trying to get a patent for.

What is poor man's patent?

A poor man's patent is essentially writing out a description of your invention and then mailing that written description to yourself. This postmarked envelope supposedly acts to create the date of your invention as the date this written description was postmarked.

Are patents worth it?

In some industries, patents are absolutely critical. But in far more they are not. It's a well-known fact that a vast majority of patents are worthless. Around 97% of all patents never recoup the cost of filing them.

How much is a trademark?

No matter how you file, you will pay a minimum of $250 to apply for a Federal trademark. But considering the importance of your trademark, and the potential complexities you face when filing, it's not a bad idea to use a lawyer or filing service.

What percentage of the population has a patent?

The patent approval rate in the U.S today is close to 52%, very far off from the 95% figure that some claim. So, if you think that the USPTO is handing out patents freely, you're gravely mistaken.

Can you patent an idea without a prototype?

Many inventors wonder if they need a prototype prior to patenting an invention. The simple answer is “no'. A prototype is not required prior to filing a patent application with the U.S. Patent Office. While prototypes can be valuable in developing your invention, they can also be costly.

How do I patent a name for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

Can I self copyright?

The practice of sending a copy of your own work to yourself is sometimes called a “poor man's copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.

What can I patent?

Nearly anything can be patented. Machines, medicines, computer programs, articles made by machines, compositions, chemicals, biogenetic materials, and processes, can all be the subject matter for a United States patent.

Can you copy a patent for personal use?

In the US, if you make or use an object that includes all the elements of the claims of a granted patent, then you are infringing that patent. It does not matter whether you share the object or attempt to make money from it—simply making or using it is enough to qualify as infringement.


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how much does it cost to get a patent in the united states


Comment by Allena Sahler

all right so how much does it cost for you to get a patent I know the big question right and these days all right it's all about the credit card not cash but do you know what people always ask this question and it's normally the number one question I get so I wrote a blog article about it but I want to get to the bottom of this right what is really involved and what does it mean before I jump to my legal explanation the answer is seven hundred dollars to forty thousand that's the range okay not happy with the answer we'll keep listening okay and as we go I want you to like or comment or subscribe ask me the tough questions as we keep going to this video because I want you to have the answers you deserve you've dedicated time to come here and listen to this video and if you're still listening you're right there with me okay you are demanding you're an entrepreneur you're a visionary you're an inventor someone is gonna make a difference in this world and that's why I do these videos that's why I write the blog article that I did and below you're gonna see the table of contents I'll wait for you to fast forward to rewind to get to exactly the part of the video where you're gonna gain the most information if you're a go-getter and you've got a full 7 8 9 10 minutes listen to the whole thing I promise I'm gonna deliver value to you to make sure that you've got the best info possible so let's get to it I'm JD governor patent attorney and owner at bald Pat's law firm I have dedicated my career to you the inventor to making sure that you have the best information and legal advice on how to move your product to market to return on investment you're looking for my job is to make sure I come here and educate and consult and advise you to make sure you have everything you need to protect that invention you've worked so hard for and to make sure you get that legal right that federally backed 20-year monopoly that you deserve so much so today's blog article is all about how much does a patent cost right we talked about this huge range of 750 bucks of 40 grand let's break that down to unpack what that means it starts out with an understanding of what your time is worth as the inventor and entrepreneur and business owner and what my time is worth your time is critically valuable the amount of time you spend working on your patent is time that you could have spent for example on your invention and on building your business okay that's vital understand that you're hired a professional of patent attorney to take this load off of your shoulders and let us do each step of the process to help make sure that your invention is protected step one is the patent search you can't leave this part out I've talked about it before here's a link to the video for how to get more information on a six step process on how to move your patent searching process forward all right so now I'm talking about this first investment of time which is money in connecting this diligence and hiring a professional patent attorney to conduct a search and deliver to you a legal opinion or whether they think you should move forward to the next level you see you don't need to think about the cost in terms of this forty thousand plus dollar amount which is really true and how much you would spend over the course of a few years if you move forward in the right way but know that if you take it step by step it's bite-sized chunks all right and the search can be done for as little as hundreds of dollars all right but to do it right and get a legal opinion it's gonna take some time and then the range there is gonna depend largely you know with with how complex your invention is we don't at least at both patents we don't think of all inventions as being the same that's silly right we're not gonna charge one fee no matter what invention you bring forward this book is available for free at bold IP com forward slash free and I want you to have your own digital copy a PDF download today so go visit the website this book walks you through what it means to conduct a patent search how to do one on your own at least preliminarily and knowing when it's right time to move your invention into the hands of a professional patent attorney to conduct this first step so the real key to understanding cost is really understanding the whole process of what it means to move forward with your patent application the patent search we just talked about so let's assume that the outcome of that search that is patentable we're now gonna move forward to the next phase which is either a provisional or a non provisional patent application the costs that are different - okay a provisional application takes about half as much work the specification which is the written description writing about what the invention is as well as the drawings that's all very informal and therefore it costs half as much money as it would to be for the non provisional that's the full formal patent application again check out the bold patents book for more information about that if you're enjoying this content give us a like share this video with someone you may know on your social network this is the time to pay it forward if you're getting good value information in this video let us know if you don't like the content let me know - I need to make sure I'm moving forward myself and relaying this information perfectly to you my audience how much money is really gonna cost at the provisional things alright so you've spent you know what could be two three five thousand dollars on this patentability search and legal opinion that all is gonna be investment toward understanding when and how to approach this provisional or non provisional patent application so let's take the provisional which is half as much effort okay typically between five and ten thousand dollars to file a provisional patent application that's the legal work it takes us the time and effort for a patent attorneys to really conduct that level of effort to move your innovation to the written form and the legal definition one of the interesting facets that most inventors don't understand when they get started is that when you bring in an invention right you start describing what it is you've created - a patent attorney we're taking notes so waiters and appreciate what you're talking about but we know that your invention is likely much broader than what you're disclosing you know this one vision that you have in what the product will be in your consumers hands actually can take the form of lots of different materials and could have other benefits and applications outside of the industry that you're first discussing so it's our our job in that provisional and eventually the non provisional to expand the scope of your invention to really help you think about what you've really created and think about all the different what's called alternative embodiments lay them out clearly in technical and legal language to make sure that it's there is the pallet right that will be later drawn from to paint that beautiful picture of your non provisional claim set that will be come later that first investm


Thanks for your comment Allena Sahler, have a nice day.
- Carolina Adi, Staff Member


Comment by Mitsue

how can I get patent in us for my invention product software or concept this is the most common question raised in mind of someone who becomes interested in knowing more about getting patent in u.s. for their invention this question comes from every sector age and industry you can imagine you may be an entrepreneur or business owner with an idea concept or innovative product to be patent a research scientist with a research project or composition to be patent professional or an employee with a new software or mechanical device to be patent or a student with an intent to learn more about getting patent in u.s. for your innovative ideas and products probably you're influenced by reading about patent and news or articles like millions of dollars raised by an innovative startup which has a granted patent or patent pending for their unique invention and that made you think whether that idea you have in mind is really worth winning a patent area is covered one what are the steps in getting patent in u.s. two can my idea win patent in u.s. is it patentable three cost procedure and timeline to get patent in u.s. four things to consider when selecting write patent attorney you may get a lot of information on many places online blogs websites books etc but it's not always very clear to the reader as every person is coming from different background motivations and mindsets and moreover just like any other law patent law also involved certain degree of complexity influenced by case law etc so best advice would be get patent attorney involved for writing and filing patent application for your invention writing a patent application also known as patent drafting is a specialized job and it requires years of practice and experience especially when we are talking about writing claims for the patent application patent is a techno legal document the common observed mistake by inventors writing patent application on their own his writing Atkins to technical side only like a PhD thesis what is a patent and how can we protect your invention by means of patent as per definition the patent is an exclusive right granted for an invention in other words if you have an invention like new and technical solution to a problem a novel product or process a new way of achieving better results with some technical advice having a patent on your name for an invention gives you the right to decide if the invention can be used by others and on what terms having a granted patent in us for your invention gives you right to exclude others from making using offering for sale selling the invention in the United States importing the invention into the United States point to be remembered here is it is right to exclude others that is you can stop others hence it is your patent owners responsibility to enforce the patent and stop others from copying your patent invention without your consent or permission something called patent infringement cost time line and procedure to get patent in u.s. how much is the cost of getting patent in u.s. there is no precise and accurate answer to this question as cost for obtaining patent is dependent on multiple factors what best we have is range for costs involved in there are two elements for cost of getting patent in u.s. the cost for Patent Office USPTO fees for forms and requests professional charges for patent professional patent agent attorney let's see if these fees and charges involved in getting patent in the US in step by step and easy to understand manner before we proceed one question almost certainly hits inventors minds at least once in the process of getting patent for his invention is if I'm the creator of the invention I know it inside and out I can describe it in detailed manner then why patent attorney charged so much fees just to write my patent application in right format to get quick and self-evident answer to your question check our section on why patent attorneys charge so much fees just to write my patent application in right format on patent attorney worldwide com as a matter of fact patent attorney professional charges is the most expensive component which drastically varies based on complexity of the invention to be patent field of invention and the expertise of the patent attorney government fees too are different for an individual inventor micro entities small entities and large entities and fees for patent application also defers based on number of claims and charges for professional drawings etc so a lot of factors need to be considered when talking about cost involved in getting patent in US yet to give you an idea the cost to get patent in u.s. is approximately five thousand to twelve thousand dollars this is assuming that you have hired an experienced patent attorney in us who was right fit for your patent requirement for patent research writing and filing patent application for your invention selecting right patent attorney for your invention at right cost can be more complex process than you would have imagined for details please check our guidelines about the process of selecting right patent attorney in US for your invention on patent attorney worldwide com stage-wise cost and time required for getting patent in u.s. the cost for getting patent requirements in stages as your invention proceeds from novelty search about $2,000 patent drafting and filing in u.s. about $8,000 and after one to two years of responding to office actions if any objections are taken by controller in examination report on application about your invention such response to office actions typically cost about $1000 note these costs are mentioned as exemplary and may vary with respect to patent attorneys and companies now let's see the stages of getting patent in detail we are assuming you have hired a patent attorney helping you with patent writing and patent filing stage one invention disclosure this is initiation phase where you inventor disclose your invention to the patent attorney you selected to work with by signing a nondisclosure agreement this agreement is to ensure the confidentiality of your invention and there are no charges for signing NDA when writing invention disclosure for your invention you should submit each known fact about your invention description diagrams and experimental results if any hold nothing back the disclosure of the invention must be described in substantial details includes pictures flow charts diagrams wherever applicable optionally includes experimental data proving novelty and non-obviousness charts and tables about research and development this helps patent attorney in patent research as well as drafting process stage 2 novelty search patentability search simple invention $1000 complex invention $1500 very complex invention $2,500 in this phase patent professional performed an extensive search for prior art in all possible databases for patent articles thesis etc and builds a patentability search report based on closest prior art found for your invention although an optional step doing novelty search for your invention can really save you thousands of dollars from involving and patent process fo


Thanks Mitsue your participation is very much appreciated
- Carolina Adi


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